Registration of Real Estate Agreements with the QPIR

 

Most employers in the Real Estate Industry in Queensland would have received letters from the QPIR regarding the campaign by the Fair Work Ombudsman to establish whether employers have complied with the Real Estate Industry Award 2010 provisions regarding the registration of agreements with the QPIR.

 

Whilst an obligation to register does exist, the communications from the QPIR do not present the full story. Many employers have already entered into Enterprise Agreements, approved by Fair Work Australia which provide for individual agreements to be made with Salespersons commission only, Salespersons (debit credit) and Property Management. Employers with Enterprise Agreements that have been approved by Fair Work Australia do not need to register their individual written Agreements with QPIR.

 

A decision by Commissioner Asbury of Fair Work Australia in September 2010 ruled on this exact point and determined that written Agreements that accompany an Enterprise Agreement do not require registration with the QPIR ([2010] FWA 7217 – 16 September 2010).

 

Any Real Estate employer that is uncertain about their position is urged to contact Jacques Franken on 3833 1200 for further assistance.